Below are sample settlement amounts and jury payouts in Massachusetts personal injury accident and malpractice lawsuits.
Massachusetts Injury Verdicts and Settlements
- 2022, Massachusetts: $38,000 Verdict. A man was T-boned at the intersection of Hyde Park Avenue and River Street in Boston. He suffered personal injuries. The man alleged negligence against the at-fault driver. He claimed she failed to maintain an appropriate lookout, yield the right-of-way, and avoid a collision. The jury awarded $38,000.
- 2022, Massachusetts: $6,200 Verdict. A 48-year-old man was sideswiped. He suffered cervical and lumbar strains and sprains, a left knee contusion, and left shoulder impingement syndrome. The man alleged negligence against the at-fault driver. He claimed she ran a stop sign and failed to yield the right-of-way. The jury awarded $6,200.
- 2021, Massachusetts: $106,000 Verdict. A woman danced on a tavern’s elevated dance platform. She fell from the platform. The woman tore her right ACL. She underwent an ACL reconstruction and physical therapy. The woman experienced residual pain and decreased knee mobility. She alleged negligence against the tavern. The woman claimed it failed to install fall prevention equipment, adequately light the premises, warn patrons of the hazard, and follow Massachusetts building codes. She received $106,000.
- 2021, Massachusetts: $7,000,000 Verdict. A 52-year-old schoolteacher was struck. She suffered head trauma. The woman also sustained a scalp laceration, a skull fracture, an elbow laceration, a sacral abrasion, and spinal tenderness. She died several days later. The woman’s family alleged negligence against the at-fault driver. They claimed he failed to yield to a pedestrian and negligently drove while legally blind in one eye. The family received $7,000,000.
- 2021, Massachusetts: $2,000,000 Settlement. A 45-year-old man suffered chronic right nostril congestion and nosebleeds for two weeks. He presented to a nurse practitioner. The man was diagnosed with a cold. He presented to his primary care physician four months later. The man complained of left nostril nosebleeds and worsening congestion. He was diagnosed with allergic rhinitis. The man received Zyrtec and Flonase. His symptoms failed to resolve. The man presented to another nurse practitioner. He was told to continue his treatments. The man presented to a specialist nine months later. His CT scan revealed nasopharyngeal carcinoma. The man died shortly after being diagnosed. His family alleged negligence against the primary care physician and nurse practitioners. They claimed they delayed his treatments and failed to timely make a specialist referral. This case settled for $2,000,000.
- 2021, Massachusetts: $125,000 Settlement. A 14-year-old pedestrian was struck at a Lynn crosswalk. He fractured his left distal ulna and radius. The boy received a splint. He underwent a wrist repair ten days later. The boy wore a cast for four weeks. He underwent physical therapy for two additional weeks. The boy’s father alleged negligence against the at-fault driver. He claimed he failed to maintain an appropriate lookout and safely brake his vehicle. This case settled for $125,000.
- 2020, Massachusetts: $1,950,000 Settlement. A 35-year-old woman was hospitalized for pneumonia. Her symptoms resolved. The woman underwent two follow-up X-rays one and seven months later. They revealed a lung lesion. However, the radiologists failed to report it. Three years later, the woman underwent a third CT scan. She was diagnosed with Stage IV lung cancer. The woman was given a 10 percent chance of survival. She alleged negligence against the radiologists. The woman claimed they improperly interpreted her X-rays and delayed her lung cancer diagnosis. She argued that a timely diagnosis would have increased her survival chances. This case settled for $1,950,000.
- 2020, Massachusetts: $1,000,000 Verdict. A 46-year-old cyclist was struck. He suffered a concussion, dislocated right shoulder, a fractured right humeral head, a left rotator cuff tear, a neck injury, contusions, and abrasions. The man was left with cognitive issues and depression. He alleged negligence against the at-fault driver. The man claimed she excessively sped and failed to maintain an appropriate lookout. A jury awarded him $1,000,000.
- 2020, Massachusetts: $2,850,000 Verdict. A 71-year-old man underwent neck surgery. During the procedure, the orthopedist misplaced a surgical screw. As a result, the man suffered nerve compression and bleeding around a cervical artery. He wore a halo brace for six months. The man suffered an infection. He also experienced residual neck pain. The man’s arms lost significant mobility. He now required home nursing care. The man alleged negligence against the orthopedist. He claimed he failed to properly perform the neck procedure and timely address his surgical injuries. The jury awarded $2,850,000.
- 2020, Massachusetts: $300,000 Verdict. A 53-year-old farmer was struck by a tractor’s trailer at a work site. The impact threw him about forty feet. The man suffered spinal radiculopathy. He underwent injections. The man was left with right limb tingling and numbness throughout his right limbs. He alleged negligence against the trucking company. The man claimed its employee negligently released the trailer tailgate. A Worcester County jury awarded $300,000.
Massachusetts Personal Injury Statute of Limitations
The statute of limitations in personal injury malpractice or accident claim in Massachusetts is three years. The statute of limitations is a usually hard deadline to file a lawsuit.
Massachusetts Minors Have Longer Deadline to Sue
Minors have a longer statute of limitations for minors bringing birth injury or medical malpractice claims. The deadline to sue for minors is three years from the date the cause of action accrues, or until age nine years for minors who are less than six years of age at the time the cause of action accrues. There is also a hard statute of repose of seven years from the date of the act or omission that caused the injury.
The deadline for other tort claims – such as a car accident lawsuits – is even longer. In these cases, the victim has until her 21st birthday.
Massachusetts Discovery Rule
Massachusetts has a discovery rule. The time to file a claim begins to accrue when the plaintiff knows, or reasonably should have learned, that she suffered an injury from the defendant’s conduct. So the question is whether a reasonably prudent person in the plaintiff’s situation should have discovered the cause of her injuries.
Massachusetts Sex Abuse Statute of Limitations
Massachusetts wisely has a different statute of limitations for minor children who have been sexual abused. Lawsuits alleging sexual abuse of a minor have “within 35 years of the acts alleged to have caused an injury or condition or within 7 years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act, whichever period expires later; provided, however, that the time limit for commencement of an action under this section is tolled for a child until the child reaches eighteen years of age.”